454 Neb. Admin. Code, ch. 6, § 002

Current through September 17, 2024

Section 454-6-002 - DEFINITIONS

As used in this chapter:

002.01. Argument means the oral statement of the petitioner or any other party which explains his or her view of the facts and issue to be decided, the law applicable to the question presented, and the reasoning that connects the facts and law;

002.02. Contested case means a proceeding before the Department in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after hearing before the Department;

002.03. Declaratory order proceeding means a proceeding initiated by a petitioner seeking issuance of a binding order by the Department regarding the applicability of specified circumstances to a statute, rule, or order within the primary jurisdiction of the Department;

002.04. Hearing officer means the person or persons conducting a declaratory order proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title;

002.05. Intervenor(s) means person(s), political subdivision(s), corporation(s), organization(s), or other entity (entities) who have or claim to have any interest, legal right, duty, privilege, or immunity, which would be directly affected by the Department's issuance of a binding declaratory order;

002.06. Necessary party means a person who or an entity which has a specific interest in the applicability of the statute, rule, or order, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved;

002.07. Parties means persons, political subdivisions, corporations, organizations, or other entities subject to the jurisdiction of the Department who are involved in a declaratory order proceeding according to the procedures set forth in this chapter;

002.08. Petition means the document filed in accordance with section 003 of this chapter to initiate a declaratory order proceeding;

002.09. Petitioner(s) means a party or parties who have filed a petition with the Department seeking issuance of a declaratory order; and

002.10. Pleading means any written petition, answer, or motion used in any declaratory order proceeding before the agency as set forth in this chapter.

454 Neb. Admin. Code, ch. 6, § 002

Amended effective 8/19/2023